P. K. POUNRAJ Vs. S. RANGANATHAN

JUDGEMENT

(1.) This Criminal Revision Case has been preferred challenging the order of the learned Chief Judicial Magistrate, Dharmapuri dtd. 27/4/2016 made in Crl.MP.No.412 of 2015 in C.C.No.46/2015.

(2.) The facts of the case in brief are as follows: The revision petitioner is the defacto complainant, on whose complaint a case was registered by the 3rd respondent police in Cr.No.1017/2014 of B1 Police Station, Dharmapuri under Sec.304(A), 201, 465, 468 and 471 IPC. The defacto complainant is the father in law of one deceased Vijay @ Venkatraman. On 18/8/2014 Vijay @ Venkatraman was admitted at OM Sakthi Hospital run by the 2nd and 3rd respondents. Immediately after admitting the deceased at OM Sakthi Hospital, ECG was taken. Since the condition of the deceased was not improving and he continued to be suffocating and sweating excessively even while he was in the air conditioned room, his care takers were suspected of some cardiac issue. But the 1st and 2nd respondents had continued to give assurance to the care takers that the deceased had only gastric problem due to digestive disorder.

(3.) On these allegations, a complaint was given by the defacto complainant for taking action against the respondents doctors 1 and 2 for medical negligence. After the completion of the investigation the 3rd respondent police filed a Final report against the respondents 1 and 2 for the offences punishable under Sec.304 (A), 201, 465, 468 and 471 IPC. After the case was taken on file by the learned Judicial Magistrate-I, Dharmapuri, in CC.No.24/2015, it was transferred to the learned Chief Judicial Magistrate and got renumbered as CC.No.46/2015. The respondents1 and 2 were also summoned to be present.